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GEORGIA CODES FOR SEXUAL OFFENSES
UpCounsel 2019. Ch. 6 Title 16.
Georgia Sexual Offenses are explained in the Official Code of Georgia, 1992 Edition, Title 16
16-6-1 — RAPE
(a) A person commits the offense of rape when he has carnal knowledge of a female forcibly and against her will. Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ.
(b) A person convicted of the offense of rape shall be punished by death, by imprisonment for life, or by imprisonment for not less than 10 nor more than 20 years. Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.
16-6-3 — STATUTORY RAPE
(a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.
(b) A person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the victim is 14 or 15 years of age and the person so convicted is no more than three years older than the victim, such person may, in the discretion of the court, be punished as for a misdemeanor.
16-6-22.1 — SEXUAL BATTERY
(a) For the purposes of this Code section, the term "intimate parts" means the primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female.
(b) A person commits the offense of sexual battery when he intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person.
(c) A person convicted of the offense of sexual battery shall be punished as for a misdemeanor of a high and aggravated nature.
GEORGIA CODE FOR SEXUAL OFFENSES
UpCounsel 2019. Ch. 6 Title 16.
Georgia Sexual Offenses are explained in the Official Code of Georgia, 1992 Edition, Title 16
16-6-22.2 — AGGRAVATED SEXUAL BATTERY
(a) For the purposes of this Code section, the term "foreign object" means any article or instrument other than the sexual organ of a person.
(b) A person commits the offense of aggravated sexual battery when he intentionally penetrates with a foreign object the sexual organ or anus of another person without the consent of that person.
(c) A person convicted of the offense of aggravated sexual battery shall be punished by imprisonment for not less than one nor more than 20 years.
16-6-4 — CHILD MOLESTATION
(a) A person commits the offense of child molestation when he or she does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person.
(b) A person convicted of a first offense of child molestation shall be punished by imprisonment for not less than five nor more than 20 years.
Upon such first conviction of the offense of child molestation, the judge may probate the sentence; and such probation may be upon the special condition that the defendant undergo a mandatory period of counseling administered by a licensed psychiatrist or a licensed psychologist. However, if the judge finds that such probation should not be imposed, he or she shall sentence the defendant to imprisonment; provided, further, that upon a defendant's being incarcerated on a conviction for such first offense, the Department of Corrections shall provide counseling to such defendant.
Upon a second or subsequent conviction of an offense of child molestation, the defendant shall be punished by imprisonment for not less than ten years nor more than 30 years or by imprisonment for life; provided, however, that prior to trial, a defendant shall be given notice, in writing, that the state intends to seek a punishment of life imprisonment. Adjudication of guilt or imposition of sentence for a conviction of a second or subsequent offense of child molestation, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld.
(c) A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy.
(d) A person convicted of the offense of aggravated child molestation shall be punished by imprisonment for not less than ten nor more than 30 years. Any person convicted under this Code section of the offense of aggravated child molestation shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17- 10-7.
16-6-22 — INCEST
(a) A person commits the offense of incest when he engages in sexual intercourse with a person to whom he knows he is related either by blood or by marriage as follows:
Father and daughter or stepdaughter;
Mother and son or stepson;
Brother and sister or the whole blood or of the half blood;
Grandparent and grandchild;
Aunt and nephew; or
Uncle and niece.
(b) A person convicted of the offense of incest shall be punished by imprisonment for not less than one nor more than 20 years.